doctrines waiver (Ohio) · Go Syfert
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doctrines waiver in Ohio

12 Ohio opinions name it 2 courts 1997–2025 1 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Leibowitz v. State Farm Ins. Co.green
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Co., 2016-Ohio-5690, ¶ 8 (9th Dist.) (“The doctrines of waiver and estoppel generally cannot expand the coverage of an insurance policy.”); Cincinnati Mental Health Inst.

11
San Allen, Inc. v. Buehrergreen
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019Cuyahoga No. 99786, 2014-Ohio-2071, ¶89 (citations omitted).

11
Gold Coast Realty, Inc. v. Board of Zoning Appealsgreen
ohio · 1971 · cited in 1 Ohio opinions naming this issue, 2007–2007
1 sentence

2007See Gold Coast Realty, Inc. v. Cleveland Bd. of Zoning Appeals (1971), 26 Ohio St.2d 37 , 39 , and Campbell v. Campbell (1993), 87 Ohio App.3d 48 , 50 .

11
Campbell v. Campbellgreen
ohioctapp · 1993 · cited in 1 Ohio opinions naming this issue, 2007–2007
1 sentence

2007See Gold Coast Realty, Inc. v. Cleveland Bd. of Zoning Appeals (1971), 26 Ohio St.2d 37 , 39 , and Campbell v. Campbell (1993), 87 Ohio App.3d 48 , 50 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Turner Liquidating Co. v. St. Paul Surplus Lines Insurance green
ohioctapp · 1994
2 sentences

2002"An insurer should not be able to avoid liability under all circumstances in which it voluntarily relinquishes a known right or induces another into changing his position based upon reliance on the insurer's conduct when the insured is prejudiced by such reliance." Turner Liquidating, supra, at 299 .

1997Id.

21997–2002
Yarosh v. Becane green
ohio · 1980
2 sentences

1998Chubb relies on Yarosh v. Becane (1980), 63 Ohio St.2d 5 , 17 O.O.3d 3 , 406 N.E.2d 1355 , as support for her proposition that the state is precluded from advancing an estoppel defense.

1998Chubb relies on Yarosh v. Becane (1980), 63 Ohio St.2d 5 , 17 O.O.3d 3 , 406 N.E.2d 1355 , as support for her proposition that the state is precluded from advancing an estoppel defense.

21998–1998
State ex rel. Chavis v. Sycamore City School District Board of Education green
ohio · 1994
1 sentence

2019Thus, “estoppel involves the conduct of both parties, whereas waiver depends upon what one intends to do.” Id. {¶ 72} In my opinion, there is a genuine issue of material fact regarding whether the doctrines of waiver and estoppel preclude appellant’s claim that the new sign violates the “single pole” restriction.

12019–2019
State ex rel. Zimmerman v. Tompkins green
· 1996
1 sentence

2012Zimmerman v. Tompkins, 75 Ohio St.3d 447, 449 , 1996-Ohio-211 , 663 N.E.2d 639 . {¶23} As to Song’s waiver and estoppel argument, we note that in general, the doctrines of waiver and estoppel may not be used to expand insurance coverage.

12012–2012
State ex rel. Zimmerman v. Tompkins green
ohio · 1996
2 sentences

2012Zimmerman v. Tompkins, 75 Ohio St.3d 447, 449 , 1996-Ohio-211 , 663 N.E.2d 639 . {¶23} As to Song’s waiver and estoppel argument, we note that in general, the doctrines of waiver and estoppel may not be used to expand insurance coverage.

2012Zimmerman v. Tompkins, 75 Ohio St.3d 447, 449 , 1996-Ohio-211 , 663 N.E.2d 639 . {¶23} As to Song’s waiver and estoppel argument, we note that in general, the doctrines of waiver and estoppel may not be used to expand insurance coverage.

12012–2012
Motorists Mutual Insurance v. Trainor green
ohio · 1973
1 sentence

2010O.2d 402, 294 N.E.2d 874 . {¶ 17} Generally, the doctrines of waiver and estoppel may not be used to expand an insurance’s policy coverage.

12010–2010
Compuserve, Inc. v. Limbach green
ohioctapp · 1994
2 sentences

2003Compuserve, Inc. v. Limbach (1994), 93 Ohio App.3d 777, 782 , 639 N.E.2d 1227 . {¶ 13} AHP’s first argument asserts that the 1988 bankruptcy court order confirmed the plan of reorganization under which all assets of Robins I, including the NOL, would be transferred to Robins II, and that principles of res judicata, specifically the doctrine of collateral estoppel, should bar any attempt by the commissioner “from challenging the transfer of this asset.” {¶ 14} The term res judicata encompasses both the doctrines of claim preclusion and issue preclusion.

2003Compuserve, Inc. v. Limbach (1994), 93 Ohio App.3d 777, 782 , 639 N.E.2d 1227 . {¶ 13} AHP’s first argument asserts that the 1988 bankruptcy court order confirmed the plan of reorganization under which all assets of Robins I, including the NOL, would be transferred to Robins II, and that principles of res judicata, specifically the doctrine of collateral estoppel, should bar any attempt by the commissioner “from challenging the transfer of this asset.” {¶ 14} The term res judicata encompasses both the doctrines of claim preclusion and issue preclusion.

12003–2003
City of Columbus v. Triplett green
ohioctapp · 1993
1 sentence

2002Columbus v. Triplett (1993), 91 Ohio App.3d 239 , 243 .

12002–2002

Where else courts name it

CA 54 (1919–2026) IL 51 (1960–2025) IN 29 (1986–2026) TX 21 (1968–2025) NY 19 (1938–2024) CO 18 (1971–2026) OR 14 (1994–2025) FL 14 (1963–2025) MO 14 (1965–2017) OH 12 (1997–2025) WI 11 (1966–2023) MS 11 (1960–2013) NE 11 (1889–2024) NC 9 (1973–2026) AR 8 (1969–2021) GA 8 (1959–2019) AZ 8 (1979–2023) WA 8 (1934–2026) PA 7 (1890–2016) OK 7 (1993–2018) MI 7 (1961–2020) MA 7 (1983–2025) UT 6 (1989–2025) ID 6 (1984–2025) WV 6 (1990–2026) CT 6 (1974–2005) MD 4 (1961–2001) NM 4 (1995–2021) SC 4 (2012–2023) WY 4 (1988–2019) MT 4 (1998–2021) ND 4 (1996–2022) NH 3 (1966–2003) TN 3 (1976–2012) KS 3 (1958–2019) DE 3 (2017–2022) VT 3 (2006–2019) NV 3 (1994–2013) HI 2 (2004–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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